Exalt Installation and Management Guide
ExtendAir (TDD) Series Digital Microwave Radios
128
203591-010
2012-09-04
PRODUCT IS PROVIDED "AS IS" AND WITH ALL FAULTS. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, ACCURACY, AND EFFORT IS WITH YOU.
b.
THE PRODUCT IS NOT FAULT-TOLERANT AND IS NOT DESIGNED,
MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL
EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
CONTROL, DIRECT LIFE SUPPORT MACHINES OR WEAPONS SYSTEMS, IN
WHICH THE FAILURE OF THE PRODUCT COULD LEAD DIRECTLY TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
EXALT AND ITS SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY HIGH-RISK USES
LISTED ABOVE.
c.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS
ESSENTIAL PURPOSE OR OTHERWISE, AND TO THE EXTENT ALLOWED BY
APPLICABLE LAW, IN NO EVENT WILL EXALT, ITS SUPPLIERS OR LICENSORS BE
LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR
MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF (1)
THE USE OR INABILITY TO USE THE PRODUCT OR (2) PRODUCT RELATED
SERVICE OR SUPPORT, EVEN IF EXALT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS
OR DAMAGES ARE FORESEEABLE.
d.
IN NO EVENT SHALL EXALT'S AND ITS SUPPLIERS'/LICENSORS' AGGREGATE
LIABILITY EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE PAID BY
PURCHASER FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF A
CLAIM. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT
MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE
EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, EXALT DISCLAIMS ALL
LIABILITY OF ANY KIND OF EXALT'S SUPPLIERS/LICENSORS.
6
SOFTWARE LICENSE
a.
Subject to the terms and conditions of this Agreement, Exalt hereby grants You a non-
exclusive, non-transferable, non-sublicensable license to use the Software that comes with the
Product, if any is provided as part of the Product, only as part of the normal operation, use and
maintenance of the Hardware Product for which the Software was provided. You may make
back-up copies of such Software. You shall not otherwise copy, distribute or alter the
Software. Furthermore, except to the extent allowed by applicable law if located in the
European Union, and then only with prior written notice to Exalt, You shall not disassemble or
reverse engineer the Software in whole or in part or authorize others to do so. No rights to
distribute or sublicense the Software are granted herein.
b.
There may be certain third party owned software provided along with, or incorporated within
the Product ("Third Party Software"), and which Third Party Software has a separate license
agreement and which is governed exclusively by such separate license agreement ("Third
Party License") and not this Agreement. Such Third Party Software and applicable Third
Party Licenses are listed in the document "EXALT COMMUNICATIONS, INC. THIRD
PARTY SOFTWARE AND THIRD PARTY LICENSES USED WITH CERTAIN EXALT
Summary of Contents for ExtendAir r40 series
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